No. 82-C-0934 Precedential Processed

Hardy v. State ex rel. Department of Highways

Louisiana Supreme Court · Filed May 7, 1982 · 414 So. 2d 305

Cited by

Lejeune v. Rayne Branch Hosp. 556 So. 2d 559 La. 1990
LeJeune v. Rayne Branch Hospital 539 So. 2d 849 La. Ct. App. 3d Cir. 1989
Hatcher v. State Through Dept. of Transp. and Development 467 So. 2d 584 La. Ct. App. 3d Cir. 1985
Brown v. Southern Farm Bureau Ins. Co. 426 So. 2d 684 La. Ct. App. 1st Cir. 1982

Opinion text

BLANCHE, Justice (dissenting from denial of the writ application in behalf of defendants). I respectfully dissent. The awards for future medical and future loss of wages are, in this writer’s opinion, an abuse of discretion. The principal sums awarded, if modestly and prudently invested, would yield annually two to four times either the annual earnings of plaintiff, or the projected annual medical expenses. In this writer’s opinion, the guideline based on a return of earnings clearly indicates that the calculations of plaintiff’s expert witness, which were relied upon by the court, were unrealistic.